ROLE OF LAW SCHOOLS | PREPARED FOR PRACTICE | ARTICLING LANDSCAPE
O CTOBER 2013 | cbabc.org
UBC y Law
UVic y Law
TRU y Law Practitioners as Professors
PAGE 12
LETTERS BARTALK EDITOR
Deborah Carfrae EDITORIAL BOARD CHAIR
Michael Welsh EDITORIAL BOARD MEMBERS
Candice Alderson Laura Cundari Sandra Harper Ellen Hong Oana Hyatt David Madani Gail McKay Sarah Nelligan Rose Shawlee
BARTALK SENIOR EDITOR
Maureen Cameron STAFF CONTRIBUTORS
Darcy Brennan Simon Bursell Judy Cave Tanya Galic Stuart Rennie Karen St. Aubin Jennifer Weber Judy Yen
The B.C. Branch of the Canadian Bar Association, 10th Floor, 845 Cambie St. Vancouver, B.C. V6B 5T3 Tel: 604-687-3404 Toll-free (in B.C.): 1-888-687-3404 bartalk@cbabc.org
BarTalk is published six times per year by the British Columbia Branch of the Canadian Bar Association and is available online at cbabc.org. © Copyright the British Columbia Branch of the Canadian Bar Association 2013. This publication is intended for information purposes only and the information herein should not be applied to specific fact circumstances without the advice of counsel. The British Columbia Branch of the Canadian Bar Association represents more than 6,900 B.C. members and is dedicated to improving and promoting access to justice, reviewing legislation, initiating law reform measures and advancing and improving the administration of justice.
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Cover photo (L-R) UBC law students: Kaleigh Milinazzo, Cam Brewer and Aicha Kouyate UVic law students: John Bullock, Michael Matier and Nicholas McDonald TRU law students: Aachal Goundar, Ben Austring and Jay Michi RESPONSE TO THE JUNE 2013 ISSUE
Memo From the Partners – Tony Wilson First of all, I’d like to start by saying that I am a big fan of your pieces in BarTalk as they are always the first article that I turn to. Maybe this reflects my longing for some humor and lightheartedness in the practice of law or maybe I just need a good laugh bi-monthly. In either event, I think your articles ought to be applauded and encouraged. I have long wanted to write to you and share with you my appreciation of your work, but I have never found sufficient reason to send you a “groupie-style” message – until I read this month’s issue. I thought your piece about Animal Law and sensitivity in the workplace was excellent, cheeky, funny and entertaining. Anyone who took offence from your words, in my opinion, needs to take a course on reading comprehension and maybe watch
The Ontario Bar Association Foreign Conference 2014 ISLANDS OF POLYNESIA CRUISE: MARCH 9-23, 2014
a couple of episodes of Monty Python. Aside from the clever use of sayings in the English language I read nothing worthy of offence and I really hope that you continue to write these articles. A little bit about me: I’m entering my final year at UBC Law, I have a Commercial Pilot’s Licence, and I enjoy every aspect of the law, particularly the open debates that a legal education fosters. I hope to practice mostly as a litigator and seek to specialize in the aviation field in the long term. All the best and thanks for taking the time to write these bimonthly columns. I’m rooting for you to get that gold watch, but if you end up with a book deal instead, please note that I’ll be tracking you down for an autograph.
— Ehsan Monfared, Juris Doctor Candidate 2014
Experience French Polynesia on this deluxe cruise aboard the renowned m/s Paul Gauguin. After three splendid nights in Papeete, passengers will embark on the luxury ship for a ten-night cruise visiting small ports larger ships can’t reach and you will enjoy spacious suites, an onboard watersports marina, choice of three open-seating dining venues and an extensive spa. At each port, there is a choice of excursions, from scuba diving to snorkeling, hiking and cultural activities. All CBA members and guests are invited. For more information, go to: \\
oba.org/About-US/Commit tees/Special-Committees/ Foreign-Conference
2 BARTALK / OCTOBER 2013
OCTOBER 2013
VOLUME 25 / NUMBER 5
Contents
Departments
4 FROM THE PRESIDENT Working on Behalf of Lawyers and For Lawyers by Dean Crawford 5
EXECUTIVE DIRECTOR Resilience 101 by Caroline Nevin
6
PRACTICE TALK The Role of Law Schools by David J. Bilinsky
7
DAVE’S TECH TIPS
8
NOTHING OFFICIAL Dangerous Drinking Games for Lawyers by Tony Wilson
Sections
10 SECTION UPDATE SOGIC CBABC Aboriginal Lawyers Forum Various Sections 11
SECTION NEWS Sections Annual Reports
Features 9
2013/2014 EXECUTIVE COMMITTEE
12 PRACTITIONERS AS PROFESSORS by Craig E. Jones, QC 13 PREPARED FOR PRACTICE by Yee Chow 14 CHANGES TO B.C.’S ARTICLING LANDSCAPE by Jennifer Lau
Inside This Issue School is in and BarTalk is there. We examine issues facing law students and articled students, including mixing academic with practical training, competing theories of what constitutes a legal education, and if we have an “articling crisis.” We update you on the REAL initiative to attract law students to practice in rural areas, and tell of online initiatives at BarTalk and the B.C. Branch.
News and Events 2 The OBA Foreign Conference 2014 18 2013 CLC – Learn, Connect, Experience Big Names Equal Justice by 2030 19 Futures Feedback Fred Headon Takes Over the CBA Helm CBA Awards Honour Outstanding Contributions 20 Lunch & Learn for Law Students on Why Legal Aid Matters Dial-A-Law Celebrates 30 Years The Lawyer Referral Service CBABC Eighth Annual Branch Conference 21 Lawyer Wellness Task Force B.C. Council of Administrative Tribunals Conference Courthouse Libraries | BC Tips 22 Lawyers with Pride Photos CBABC WLF News CLEBC Update 23 Legislative Update Branch & Bar Calendar The Lawyer Show 2014 26 2013 Golf Tournament
Also In This Issue
2
LETTERS
16 THE REAL INITIATIVE SUMMER PROGRAM by Michael Litchfield
11
MEMBER SERVICES
24
28 PROFESSIONAL DEVELOPMENT
15 LAW SCHOOL: BEST TWO OUT OF THREE? by Michael Welsh
DID YOU KNOW? CBABC.ORG / Membership / BarTalk – 4 PRINT + DIGITAL & 2 DIGITAL Only = 6 Issues / A Look at the ISSUU Platform
27 LAW FOUNDATION OF BRITISH COLUMBIA 29 DISPLAY ADS 30 BAR MOVES 31 NEW MEMBERS OCTOBER 2013 / BARTALK 3
FROM THE PRESIDENT DEAN CRAWFORD
Working on Behalf of Lawyers and For Lawyers The CBABC’s activities in 2013-2014
M
y family welcomes each autumn with a sense of excitement and renewal. On the home front, the kids are back to school and soccer practices, brownie meetings, art classes and a myriad of other activities get into full swing. While January 1 marks the start of the calendar year, I suspect that for many of us autumn truly kicks off the new year. That is true for the CBABC as well. After a summer hiatus, our more than 75 Sections and Forums begin their meetings and a new Executive Committee and Provincial Council move forward on the priorities of the Branch. No better time, in my view, to update you, our members, on the activities and priorities the CBABC has set for 20132014. I’m sure you’ll agree there is a lot going on. ADVOCACY ON BEHALF OF THE LEGAL PROFESSION AND THE PUBLIC Lawyers are great advocates for their clients. As your professional association, the CBABC strives to be a great advocate for the legal profession and for broader public interest in the administration of justice and the rule of law. Here are some of our current priority areas. An Agenda for Justice: Earlier this year, prior to the provincial election, we published An Agenda for Justice, our platform document recommending much-needed investments in the justice system in areas such as the court services branch, the number of Provincial Court judges and legal aid. The Agenda also sets out several no-cost or low-cost legislative reforms. We will continue to press government to implement our legislative proposals now and to invest in the justice system as the government’s financial position improves. 4 BARTALK / OCTOBER 2013
The
Civil Resolution Tribunal (CRT): The provincial government is creating the new CRT, which will focus on online dispute resolution in small claims matters as an alternative to the Provincial Court. As it stands now, a lawyer’s ability to represent clients before this body is severely restricted. The CBABC will be vigilant in ensuring that the interests of the legal profession and the public are well represented. Legal Services Providers Task Force: The Law Society is undertaking a review of whether it should regulate legal service providers other than lawyers, such as notaries. Questions being considered include whether it is preferable that notaries’ requests for an expanded scope of practice be subject to the regulation of the Law Society or to a direct appeal to the provincial government. The CBABC is taking an active role in this process.
Equality
in Judicial Appointments: We will continue our discussions with government to ensure that appointments to the Bench reflect the diversity of our province.
MEMBER SERVICES Membership Fee Structure: Expect to hear a lot over the next few months about the CBA’s new fee structure. We’ve done a lot of work to ensure that our members can choose a membership level tailored to their needs. We think you’ll like what you see. Lawyer Wellness Task Force: see p. 21 for more info. Section Activity and Professional Development: Our 75plus Sections and Forums and our PD seminars continue to be the main point of interaction for many CBABC members. We continue to strive for excellence in these areas. If BarTalk allocated another page to the President’s column, I could go on, but as you can see it will be an active year for the CBABC. If you want to comment on anything you read here, I’d love to hear from you.
Dean Crawford
president@cbabc.org Twitter: @deancrawfordvan
EXECUTIVE DIRECTOR CAROLINE NEVIN
Resilience 101
A missing class in law school?
A
s part of the CBA’s Legal Futures Initiative, groups were asked to consider what 10 new classes should be added to the law school curriculum of the future. The most common suggestions related to basic business management and interpersonal communications skills, but there was another category that also rose to the top: the concept of resilience and other skills related to protecting your own wellbeing in a challenging profession. Resilience is basically the ability to recover quickly from setbacks, criticism or rejection. Lawyers are notoriously one of the least resilient groups of people in the world. Dr. Larry Richard, whose professional passion is the measuring and strengthening of resilience among lawyers, has said that the average resiliency score for lawyers is in the 30th percentile of all people tested. By definition, half of the general population scores higher than the 50th percentile; among lawyers, a mere 10 percent are that resilient. Small wonder then that lawyers score so highly on rates of depression, suicide, alcohol and other addictions. Research from around the world and in many different industries has shown that resilience is in fact a construct that can be broken down into specific components that can be measured, studied and worked on. This is good news for educators, and for the profession, because it means that there is a tangible way to improve resiliency and develop more flexible, effective professionals who live more productive and satisfying lives. Professor Martin Seligman, the author of Flourish, is a leading writer and thinker on resilience and wellbeing theory. He defines the concept of wellbeing as containing five measurable elements: positive emotion (including life satisfaction and happiness), engagement, relationships,
meaning and achievement. With his academic partners, he created a Master Resiliency Training program for the US Army, designed to help people recognize and play to their strengths, and to be conscious of and to work on weaker skill sets when it comes to dealing with life. The participants learned things like how to spot their own “thinking traps” and to consciously halt habitual negative responses. Key to the new skills being taught in the Army resilience program was the following premise based on work by psychologist Albert Ellis: the emotional consequences of an event do not stem directly from the event itself (e.g. adversity), but from your beliefs about the event. The ability to step back, see the event and your emotional reaction to it clearly and separately, is essential to allowing yourself to choose behavior and thought patterns that are more positive, both for yourself and for those around you.
The idea of in-the-moment perspective and detachment as an essential and teachable component of resilience has been identified by many people who spend time thinking about and researching this subject. One of the most interesting papers I’ve seen recently was by a group out of Scotland called lifetimeswork. In it, they found that “Highly resilient people use a ‘third eye’ on the situation and themselves, in order to analyze what’s going on. This ability to detach and analyze, while continuing to feel and react to those feelings, is sophisticated work.” The lifetimeswork group defines resilience as including the following: coping well with high levels of ongoing disruptive change, sustaining energy when under constant pressure, bouncing back easily from setbacks, overcoming adversity, changing ways of working to incorporate learning when old ways are no longer possible, and doing all of this without acting in dysfunctional or harmful ways. If that doesn’t sound like the skillset of a highly desirable lawyer of the future, I don’t know what does!
Caroline Nevin
cnevin@cbabc.org OCTOBER 2013 / BARTALK 5
practicetalk DAVID J. BILINSKY
The Role of Law Schools
Part of the solution or part of the problem? I want to be part of the solution Can you use me to lead a revolution? I want to be part of the solution… r r
T
– Music, Lyrics and recorded by: Jonah33
he issues facing the profession have been set out by many, from Richard Susskind as documented in his many books to Madam Justice McLachlin, who said just this summer: “Timely, effective access is the most pressing issue facing Canada’s justice system. Many people have given up on seeking justice through the courts, deterred by the often expensive and time consuming process. We do need some new approaches... we need to get behind the solutions.” The problems facing the justice system and the legal profession are well set out. The issue is where are the solutions to come from? More importantly, where will the leadership come from? There is an action plan coming from a National Committee of the Canadian Bar. We all await the recommendations that will be contained therein. The hardest issue, as I see it, will be in implementing whatever recommendations are brought forward. Implementation of change is always the hardest part of any process. Here the law schools are facing a critical juncture: do they help lead the change to meet the new challenges or do they stand in the way of change? In an article in The New Republic entitled “How to Fix Law School” (www.newrepublic.com/article/113983/how-fix-law-schoolsymposium), Mike Kinsley says: “When you graduate, you should be prepared to pass the Bar. The discovery that everything you
6 BARTALK / OCTOBER 2013
have crammed into your head for three years has no relevance at all, and you have to master a whole new curriculum in just a few weeks for the Bar exam, is dispiriting.
It’s absurd that you can graduate from law school without ever seeing a real client. Some clinical courses should be mandatory. Trainee doctors start seeing real patients within a year and a half. It’s absurd that you can graduate from law school without ever seeing a real client. Some clinical courses should be mandatory. Trainee doctors start seeing real patients within
a year and a half. Trainee lawyers can go three, and graduate, without ever touching a client. And, let’s be honest, the training of your doctor is more important.” I think law schools need to lead the change that we wish to see in the profession. It all starts here, from the training of lawyers to practice law (including training on issues such as practice management, actually running a business and using legal technology) to how to manage clients and actually do a conveyance, an incorporation or a decently drafted will. Most of all, we need law schools to teach law students to be leaders who can step up and continue this process of change in order that the legal profession remains a strong, independent profession and continues to serve the needs of the community. We need leadership in the profession and this training must start in law school. Law schools need to fully embrace being part of the solution in leading the revolution. The views expressed herein are strictly those of David Bilinsky and do not reflect the opinions of the Law Society of British Columbia, CBABC, or their respective members.
David J. Bilinsky is the Practice Management Advisor for the Law Society of British Columbia. Email: daveb@lsbc.org Blog: thoughtfullaw.com GO ONLINE FOR MORE INFORMATION
dave’s techtips Meeting Conferencing Software These days, meetings (and educational sessions) do not have to take place in person. In fact, webinar software can offer benefits that are not present in a live classroom, aside from cutting down the costs of attending in person. For example, while the presenter is chatting, there can be a side-discussion going on in the chat section of the screen (that allows for ideas to be explored concurrently with the lead discussion). It may sound distracting to some, but having experienced it many times, I can vouch for the fact that it can lead to deeper explorations of the topic and an enriched experience since it engages the audience into the meeting. What to look for in meeting conferencing software?
AUDIO AND VIDEO Good conferencing software should be able to maintain a strong audio and video connection without much distortion and disruption. While some software allows you to join the meeting via telephone while viewing the screen, oftentimes this means incurring long distance charges. It is preferable if you can join the discussion directly using the software
(Using VoIP), especially if your attendees are not local.
PRESENTATIONS You should be able to present a PowerPoint, share a whiteboard (where everyone can add notes, draw and brainstorm on the screen for everyone to see), turn over control to an attendee who can show what is on their desktop or show a PowerPoint presentation; you should also be able to ask questions of the audience by conducting a poll or show of hands and otherwise engage with the audience. You should be able to record the meeting, which is a nice feature, particularly if you do action items and minutes for every meeting.
FIREWALL FRIENDLY The best meeting software is rendered useless if it is stopped cold by firewall security settings (and nothing is more frustrating for attendees). Accordingly, conduct a dry run with all attendees in advance to determine if they need to download Java or other software in order to attend the meeting (realize that some IT departments will have locked down all computers to prevent users from downloading and installing such software. Attendees will have to have this addressed well in advance to join the meeting or you will have to find a different platform). Once into the meeting, you should be assured that all attendees have been authenticated and that you have end-to-end encryption
for security. Check to ensure that everyone has sufficient bandwidth to have a trouble-free meeting.
SUPPORT While there is free web conferencing software, the paid versions offer support, which may be invaluable if you or attendees run into trouble. What platforms are available? Infinite
Conferencing (infiniteconferencing.com): This platform is consistently top-rated. InterCall (intercall.com): Nothing to download to join this meeting, its only drawback is that the host computer can’t be a Mac. Adobe Connect Pro (adobe.com/products/ adobeconnect.html): This Flash-based platform may require users to update their Flash plugins before using. GoToMeeting (gotomeeting.com): This platform aimed at smaller meetings provides a great experience to user using an iPad. Skype (skype.com): Not really a web conferencing platform, Skype is used by millions and is easy to use and inexpensive. You get video and voice calls and connections to mobiles and landlines virtually worldwide. You can share documents and conduct voice conferences using this platform. © 2013 David J. Bilinsky
OCTOBER 2013 / BARTALK 7
nothingofficial TONY WILSON
Dangerous Drinking Games for Lawyers Watching a season of “Suits” could kill you
I
may be dating myself, but there’s an old drinking game where you’d watch “The Bob Newhart Show” with some friends during university days, and any time a character walked in and said “Hi Bob,” everyone had to guzzle down their beer. I’m not sure what the winner won (or what the loser lost), but I’m wondering if we should start a new one with “Suits,” which my son introduced me to over the summer. The premise is that “Mike,” a very smart fellow without a law degree, (but who possesses a photographic memory, writes LSATs for money and occasionally runs drugs), gets hired as an associate lawyer with a New York firm that only hires Harvard Law grads. The Senior Partner, Harvey Specter (aficionados of Bond villains will appreciate Harvey’s last name), doesn’t seem to care about the lack of a Harvard law degree (or the lack of any law degree for that matter), nor does he mind the drug running bit. Because Mike is Harvey’s “Minime,” Harvey hires him on the spot, without disclosing those minor details to the rest of his firm. Harvey’s flexible moral compass creates much of the drama in the show, because he likes to break all the rules he thinks shouldn’t apply to him. So my Suits drinking game goes like this: every time we see a breach of the Code of Professional Conduct, or we see sharp practice, a conflict, conduct unbecoming, a criminal offence being committed by one of the firm’s lawyers, or any other behaviour that might get a real lawyer suspended or disbarred, we have to guzzle all the wine or beer or scotch in our glass. My bet is that participants would be blithering alcoholics after three episodes and in rehab after watching the series for a year. Binge watching a season on a rainy November weekend could kill you. Like all TV legal dramas, “Suits” is ripe with conflicts, sex, skullduggery, surprise testimony, infighting between partners and things
8 BARTALK / OCTOBER 2013
that never happen to real lawyers (except of course, the infighting between partners). To have a legal issue at the start of an episode be resolved by a Judge in Court by the end of the episode truly makes it a work of fantasy, like Harry Potter or Game of Thrones, as opposed to mere fiction. It’s the “winning at all costs,” and “take no prisoners” approach that I find amusing. It’s as if the practice of law is a football game or a basketball game where a legal issue creates only winners and losers. The winners bask in glory, accolades and money, blessed by the Gods. The losers have big “L”s tattooed on their foreheads, shamed by the agony of defeat. Harvey says: “I only win” a few times an episode. “You’d better win,” says his managing partner... a few times an episode. The bravado, posturing and testosterone are so over the top, it’s as if everyone in the firm is engaged in the legal equivalent of “twerking,”
(which I’ll call “lerking” just to get a new word in a legal dictionary somewhere.) We all know there are a few lawyers “lerking” out there. The problem is, the lerkers might “win” from time to time, but sooner or later, they’ll need to count on someone whose feet they’ve stomped on during their rise to glory. They’ll discover that all those bridges they burned over the course of their careers will one day come home to roost. One day, they’ll need a favour from a lawyer on the other side that anyone else would happily give in the interests of compromise and professional courtesy. But the lerker might not get that indulgence, based on that ancient Klingon proverb: “Revenge is a dish best served cold.” As Lance Armstrong has discovered, lerking is self-defeating and arguably, a career-limiting strategy, especially when lerkers have outstayed their welcome at one firm and are looking around for another place to “win” from, only to find that all the firms that they’re interested in practising from aren’t interested in the TV drama they bring to the table. JFK used to forgive his enemies but always remembered their names. The rest of us just remember old Klingon proverbs. The views expressed herein are strictly those of Tony Wilson and do not reflect the opinions of the Law Society of British Columbia, CBABC, or their respective members.
feature 2013/2014 EXECUTIVE COMMITTEE Dean Crawford PRESIDENT
Alex A. Shorten VICE PRESIDENT
Coutts Pulver LLP Vancouver
Alex Shorten, Barrister & Solicitor Vancouver
Kerry L. Simmons PAST PRESIDENT
Carmen Rogers, QC SECRETARY-TREASURER
Cook Roberts LLP Victoria
Crown Counsel Victoria
Jennifer Chow OFFICER
Clint J. Sadlemyer, QC OFFICER
Department of Justice Canada Vancouver
Crown Counsel Fort St. John
William (Bill) Veenstra OFFICER
Michael Welsh OFFICER
Jenkins Marzban Logan LLP Vancouver
Mott Welsh & Associates Penticton
Krystle Gill EQUALITY & DIVERSITY REPRESENTATIVE
Sean Rowell YOUNG LAWYERS REPRESENTATIVE
HART Legal Victoria
Perry & Company Smithers
To read more about each executive go online
cbabc.org/About-Us/Governance/Executive-Committee \\ OCTOBER 2013 / BARTALK 9
sections SECTION UPDATE
CBABC’s Sexual Orientation and Gender Conference
Keep Current A review of Sexual Orientaprovincial Section meetings. uCBABC’s tion and Gender Conference CBABC’s Sexual Orientation and Gender Conference (SOGIC) Meeting in Review: August 4, 2013 Topic: Lawyers with Pride 2013 See more 2013 Vancouver Pride Parade photos on page 22
CBABC Aboriginal Lawyers Forum Meeting in Review: June 21, 2013 Topic: Sixth Annual National Aboriginal Day Online Auction Reception
Various Sections Meeting in Review: Various Topic: Wellness and Social Events
(SOGIC) participated in the 2013 Vancouver Pride Parade, marking the second time the “Lawyers with Pride” float has made an appearance. Lawyers, law students, and a judge enjoyed delighting spectators with a colourful and fun display of pride. Jonathan Braun, a volunteer with SOGIC and an incoming 2nd year student at UBC Law stepped up to the plate to take on the organizing of this year’s entry. Once again, SOGIC brought together the efforts of many corporate sponsors, CBABC, and several individuals to provide representation for the profession in what has become a cherished Vancouver tradition and a highlight of the summer social calendar. The Vancouver Pride Parade has become the biggest parade of any kind in Western Canada and this year did not disappoint. The SOGIC Lawyers with Pride Committee is already planning for next year. If you or your firm would be interested in sponsoring the float or volunteering, please contact CBABC Sections at Sections@ cbabc.org for more information.
CBABC Aboriginal Lawyers Forum June 21, 2013, the CBABC uOn Aboriginal Lawyers Forum hosted its Sixth Annual National Aboriginal Day Online Auction Reception at the River Rock Casino Resort. This yearly event raises funds for the Aboriginal Law Student Scholarship Trust. This year the CBABC Aboriginal Lawyers
10 BARTALK / OCTOBER 2013
Forum brought in more than $4,000, bringing the total raised over the years to almost $38,000. The reception followed several weeks of frenetic online bidding for the many donated items, including original works of art by local First Nations artists, and featured Gitxsan musical artist Garrett Tyler Stevens. The CBABC Aboriginal Law Student Scholarship Trusts assist Aboriginal students attending law school at UBC, UVic and TRU.
Various Sections The remarkable weather this
usummer in British Columbia
has provided many CBABC Sections a great excuse to socialize and build stronger connections among members at educational events, retreats, and fundraisers. These events bring lawyers together and encourage wellness, relaxation, and networking. Despite holidays allowing fewer attendees to attend legal education-focused seminars, CBABC Sections still hold events that build community and provide
entertainment or opportunities to contribute to a good cause. Highlights of the year included the Maritime Law retreat in June and a CBABC Aboriginal Lawyers Forum Spa Retreat in May. Two Sections held golf tournaments; Immigration Law played host to a golf tournament in Vancouver on June 21st, and the Young Lawyers – Victoria Golf Tournament took place on July 18. NOT YET ENROLLED IN SECTIONS? Visit the Branch website and use our online enrolment form! cbabc.org UPCOMING SECTION MEETINGS Looking for upcoming Section meetings? Check the online Sections Calendar or the CBA PD Resource site regularly as new meetings are added daily. Enrolled members automatically receive notice of their Section’s meetings by email. Enjoy the benefits of membership, and enroll in your included Section today. CBA members are reminded to keep their profile up to date with the Branch to ensure they receive notices. GO ONLINE FOR MORE INFORMATION
SECTION NEWS
Sections Annual Reports Annual Reports for 2012/2013 are now available at cbabc. org/Sections. Please visit your Sections home page to see a report by your Section Executive Officers on the meetings held during last term. Sections Annual Reports are compiled at the end of each Section year to provide members an at-aglance view of the activities of the previous year.
2014 C B A B C
DIRECTORY
A Benchmark in the Legal Profession Order Your Copy Now at CBABC.ORG
memberservices EMAIL: MEMBERS@CBABC.ORG
Visit cbabc.org for all activities and promotions. Check the CBABC News & Jobs weekly e-newsletter for seasonal promotions and special offers. Call 1-888-687-3404 and get information on how to partner with the CBABC! STILL CREEK PRESS: As the exclusive preferred supplier of print \\
services to the B.C. Branch of the Canadian Bar Association (CBABC), Still Creek Press is pleased to offer CBABC members preferential rates on all printing services.
MEETINGMAX: Book B.C. Hotels Online! CBA members receive \\
exclusive savings when they book hotel rooms through meetingmax. Members can view room rates, amenities and photos of hotels in British Columbia offering members exclusive discounts.
OCTOBER 2013 / BARTALK 11
features CRAIG E. JONES, QC
Practitioners as Professors Teaching the “Art” of Practising Law
I
n his 1949 essay “Legal Education,” American lawyer, appellate judge and Yale law professor Jerome Frank attacked the dominant university law school program invented by Harvard Dean Christopher Columbus Langdell. The Harvard/Langdell model, observed Frank, taught the law as an arid parsing of higher-court decisions. Langdell’s law was a science, the library his laboratory. Such an education produced “library lawyers;” it had little if anything to do with preparation for the actual practice of law, which Frank said was not a science but “an art, [and] a fairly difficult one.” According to Frank, legal education suffered because it was not being taught by lawyers: “90 per cent of teachers in our leading law schools had never so much as ventured into a courtroom,” he complained. As a result, the schools were “best fitted, not to train lawyers, but to graduate men able to become book-law teachers who can educate still other students to become book-law teachers and so on ad infinitum, world without end.” There was room for “library law” professors, allowed Frank, but they should not dominate the schools. He argued for “a considerable proportion” of professors with “not less than five to ten years of... actual legal practice… in trial courts, appellate courts, before administrative agencies, in office work, in dealing with clients, in negotiations, in arbitrations.” Frank urged a frontal assault on the Harvard/Langdell regime.
12 BARTALK / OCTOBER 2013
Developing skill in parsing case-law shouldn’t take three years (“Intelligent men can learn that dialectic technique in about six months.”). To the extent that it endured, the “case method” should involve a study of an entire case, including the development of facts and evidence, to overcome the “upper court myth” that afflicted legal education. Like medical schools, law schools should develop clinical programs, blending education with practice under the tutelage of “teacher-clinicians.” And not just to do legal aid work, but to “take on important jobs, including trials, for governmental agencies, legislative committees, or other quasi-public bodies.” Here, moot court’s “fake trials” would be replaced by real trials. Apprenticeship, Frank reminded his readers, had once been at the heart of lawyers’ education. Leading law schools in the United States have recently come to embrace even the most radical of Frank’s proposals. Stanford and Harvard, among many others, have substantially overhauled their programs, compressing “traditional” legal education into first year, expanding clinical opportunities and adopting a true “case study” method of education adapted from leading business schools. A pilot project in the Ninth Circuit Court of Appeals
even has clinical students preparing briefs for self-represented litigants. While Canadian schools have embraced some elements of Frank’s prescription, with clinical and co-op opportunities and a new emphasis on courses perceived as “practical,” reform has not reached far into the faculty hiring process. The PhD in law – the terminal degree of the “library lawyer” – has become a sine qua non of tenure-track hiring, as has a candidate’s potential to attract research funding. At most schools, practitioners (even gifted and popular teachers) are viewed with some suspicion and employed (if at all) as “adjuncts” or “sessionals.” All this (and the corresponding reliance on firms to provide “practical” skills through articling and mentorship) echoes what Frank called “Langdell’s morbid repudiation of actual legal practice.” I am fortunate to be at a school with a more open approach. Our hiring has not ignored “library law” – most professors have graduate credentials from top Canadian and foreign schools, including Harvard, Cambridge and Oxford. But most faculty also have substantial legal practice privately or for government in Canada and internationally. Several of us maintain active practices. It’s my hope that this will provide a base upon which we can – with the support of the Bar and Bench – develop a new kind of law school, with some of Frank’s prophetic ideas, and the intriguing developments south of the border, in mind. Craig E. Jones, QC, Professor of Law and Associate Dean, Thompson Rivers University. The views expressed in this article are the author’s own.
YEE CHOW
Prepared for Practice Did a law degree prepare you for the practice of law?
L
ooking back to my experience in law school, I thought of the courses I had taken, the courses I could have done, and the opportunities available to participate in clinics or organizations outside the classroom. I considered also the challenges I faced during the ordeal that is articles and now in practice as a junior lawyer. At the end of the day, I feel law school did a pretty good job in doing what it was supposed to. It gave me a foundational understanding of the law, it taught me how legal analysis and decision-making works, and how the law is affected and informed by external influences. One of the many things law school teaches you is that it can’t possibly teach you everything. To my consternation, I realized one simply cannot learn ALL the laws. What you can learn is where to look to find something. You can also learn how to tear down that case or statute you found and explain how it works. If you’re feeling adventurous, you could add your opinion on why it is that way. If you’re brave, you might even add whether you think it’s right or wrong. To me, this was the collective skill set that law school attempted to instill. A law degree teaches the basics and foundations of law but, just as important, it provides the skills necessary to expand your
knowledge and tackle future challenges, whatever they may be. In practice, this has proven its worth time after time. I am consistently amazed at the unusual issues arriving on my desk. If senior counsel had answers to everything, they might not need to keep juniors. That being said, there isn’t an overarching mother of all law courses that lays everything out. Rather, all of the components are there for the taking during school, if one were to take them. I still cannot fathom how one can attend law school but never take evidence. Add to that civil procedure, upper-level legal research, administrative law, even corporations. (Yes, they are people too.)
One of the many things law school teaches you is that it can’t possibly teach you everything. To my consternation, I realized one simply cannot learn ALL the laws. Whether one intends to become a litigator, solicitor or not a lawyer at all, there seems certain things people expect a Juris Doctor to know.
Like how to start a lawsuit and sue someone. Or what might constitute evidence, if only for one’s own “self-protection” purposes. Life is unpredictable and career paths take strange, sometimes involuntary, twists. Expanding required course requirements so that every law graduate possesses a broader basic skill set is worth considering. But there is one thing that is not so much taught but experienced. In practice, we deal with people and their problems. At the end of the day, we always deal with natural persons, even if the client isn’t. People come in all different shapes and sizes and so do their views and experiences in life. There is something about the diversity of people in law school, coming together from a myriad of backgrounds and circumstances, that instills learning on people and life. Countless times, I was made aware of fundamental concerns or ramifications I had been completely oblivious to. This was often through fellow students offering their own unique perspective. Laws are written by people, for people, and the problems people encounter. By offering an immersion into a diversity of views and experiences, law school probably comes as close as it can to teaching how to understand and solve “people” problems. This diversity, and courses facilitating critical examination and discussion of law, remain essential. Yee Chow is an associate at McLachlan Brown Anderson. OCTOBER 2013 / BARTALK 13
features JENNIFER LAU
Changes to B.C.’s Articling Landscape Is there a shortage of jobs?
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eicester. Sussex. Queen Mary. Bond. If you have hired an articling student recently, you have likely seen many Canadian applicants from these UK and Australian law schools, which, collectively, report educating more than 500 Canadians every year. In order to practise law in Canada, foreign law school graduates, also known as “NCA students,” must first obtain a Certificate of Qualification (CQ) from the Federation of Law Societies of Canada’s National Committee on Accreditation (NCA). NCA students – most of whom are Canadian – have increased significantly in number over the past decade. With more than 700 NCA students eligible to article in Canada in 2012, Thompson Rivers University’s first graduating class of about 70 students in 2014, and other new Canadian law schools opening soon, B.C.’s articling landscape has changed dramatically over the past decade. Currently, 74.5 per cent of CQs are issued to law school graduates of Australia, England and the United States; these applicants comprise mainly Canadians who studied abroad and are now returning home. The number of CQs issued has risen drastically from 225 in 1998-99 to 709 in 2011-12. With a CQ, NCA students seeking to be licensed in B.C. can apply for the B.C. Law Society Admission Program, which comprises nine months
14 BARTALK / OCTOBER 2013
of articles and the Professional Legal Training Course (PLTC). NCA students now represent 20 per cent of B.C.’s annual PLTC registrants – compared to 8 per cent in 2009. In the 2013 PLTC sessions, there were 89 NCA students, 82 University of Victoria students, 149 University of B.C. (UBC) students, and 129 other Canadian law school students enrolled. Given these numbers, is there a shortage of articling positions in B.C.? PLTC numbers have been rising with 380 students enrolled in 2010 to 446 in 2013. However, in B.C., licensing candidates cannot enroll in PLTC until they have secured articles. PLTC enrolment is therefore a helpful indication of the available articling positions in B.C. on an annual basis. While finding articles has never been an anxiety-free task, there are articling opportunities for students – Canadian or otherwise – who put the work into finding them. However, in Ontario, licensing candidates can register for – and complete – the mandatory self-study licensing exams without first having secured their ten months of mandatory articles. The percentage of “unplaced” candidates who have not yet secured articles has risen from 5.8 per cent of all Ontario licensing candidates in 2008 to 15 per cent
in 2012. With NCA students now comprising the majority of Ontario’s unplaced licensing candidates, it would not be surprising if internationally-trained candidates, whether originally Canadian or not, with limited Canadian legal networks, have more difficulty in obtaining articling positions than Canadian law school graduates. It will remain to be seen whether the Law Society of Upper Canada’s new Law Practice Program starting in 2014-15, which will combine a four-month practical skills course (similar to PLTC) and four-month work placement, will alleviate Ontario’s rising number of unplaced candidates, forming an alternative to the traditional ten-month articling requirement. Members of the profession are encouraged to consider hiring an articling student. Historically, more than 90 per cent of UBC’s 200 Juris Doctor graduates seek articles upon graduation, with 96-99 per cent of these students reporting that they have secured articles within eight months of graduation. UBC also now offers a Master of Laws in Common Law (LLM.CL), the first of its kind in Canada to offer NCA students the opportunity to complete a year-long Canadian LLM with courses designed to meet NCA requirements. UBC’s 20 LLM.CL students per year bring a unique viewpoint to the profession with their foreign legal education and in some cases, foreign practice experience. To hire a UBC Law student, please contact careers@law.ubc.ca. Jennifer Lau is the Associate Director, Career Services at UBC Law at Allard Hall.
MICHAEL WELSH
BarTalk Editorial Law school: best two out of three?
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n August, speaking at Binghamton University on his plans to make education more affordable, Barack Obama said less law school might be better law school. “This is probably controversial to say, but what the heck, I’m in my second term,” said Obama, a Harvard Law graduate and former lecturer at the University of Chicago’s law school. “Law schools would probably be wise to think about being two years instead of three years. In the first two years, young people are learning in the classroom. The third year, they’d be better off clerking or practising in a firm, even if they weren’t getting paid that much. But that step alone would reduce the cost for the student.
Now, the question is can law schools maintain quality and keep good professors and sustain themselves without that third year? My suspicion is that if they thought creatively about it, they probably could.” Cost is the major but not sole factor behind this idea. In his book, Failing Law Schools, US academic Brian Tamanaha dissects what he sees as a crisis in legal education. The cost of obtaining a US law degree now approaches $200,000. The average law school graduate’s debt is around $100,000, while the legal job market is the worst in decades. The heart of the problem, he argues, includes economic demands, competitive pressures on law schools driven by media rankings, lack of regulatory oversight (unlike Canada) and loanbased tuition financing.
Some US law schools, such as Northwestern and Pepperdine, do offer two-year programs by layering the same number of courses into that shorter time frame. Tuition costs are the same either way, but the students save a year of living expenses. The big issue is what to cut. Second and third year law is the time when students who have the core courses choose electives in their areas of interest going forward into practice and partake in clinical programs. Distinguished University of Houston law professor Michael Olivas commented in the Wall Street Journal, “If we’re not producing good results in three years – and many of the critics say we are not – how are we going to do it in two years?” In the US, there is no articling year to gain practical skills. However, these comments echo much of what other contributors in this issue say about the move to mix practical with academic legal education. Canadian lawyers have more training than their counterparts in the US or the UK, where a law degree can be a first degree. A Carnegie Foundation study concludes, “Law schools face an increasingly urgent need to bridge the gap between analytical and practical knowledge.” As more Canadian law graduates fail to find articles, the pressure increases on law schools to give that experience. Perhaps the answer is not less law school, but more practical law school. Michael Welsh, Chair, BarTalk Editorial Board. *With acknowledgement to Dylan Matthews’ article of Aug. 27, 2013 in the Washington Post
OCTOBER 2013 / BARTALK 15
feature MICHAEL LITCHFIELD
The REAL Initiative Summer Program Celebrating the first five years
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n March of 2009, the B.C. Branch of the Canadian Bar Association (CBABC) issued a press release announcing the establishment of a bold new initiative. The release read in part: The B.C. Branch of the Canadian Bar Association, supported by $795,000 in funding by the Law Foundation of B.C., is embarking on a threeyear program designed to attract new lawyers to small and rural B.C. communities. “Access to lawyers in smaller B.C. communities is becoming a major issue as more and more non-urban lawyers get ready to retire,” said CBABC President Miriam Maisonville. “We want to ensure that the next generation of lawyers has the opportunity to learn from legal mentors in small town B.C., and gain an appreciation of the values and benefits of practising law in these communities.” This release heralded the establishment of the Rural Education and Access to Lawyers (REAL) initiative. Now in 2013, the REAL initiative has recently completed its fifth successful summer program thanks to founding partner, the Law Foundation of B.C., and current partner, the Law Society of B.C. Measuring the success of the REAL Imitative involves a look back at the various programs of the initiative and includes an
16 BARTALK / OCTOBER 2013
analysis of both qualitative and quantitative factors. The main program delivered by the REAL initiative was the provision of funding, placement and support of second year summer law students in positions throughout all regions of the province. Over the five years of this program, 79 students were placed. While data for the most recent summer students is not yet available, out of the 64 students placed between 2009 and 2012, a total of 22 students returned to their summer placement location to article, while an additional five students articled elsewhere in rural British Columbia. The funding and support provided by the REAL initiative afforded the opportunity for many of these students to gain an experience that they would otherwise not have obtained and opened the door for many students to secure excellent articling opportunities. This was the experience of 2013 summer student Brad Durvin: “Before my REAL experience working in a law firm this summer… I was not sure if I was heading in the right direction. That sure has changed. Working in a successful and collegial small firm back in my home town, and working
closely with senior lawyers and experienced support staff, has provided me with confidence in my abilities and direction for my future. I am very pleased to report that I was offered, and have accepted, articles for 2014-2015.” In addition to the summer student program, the REAL initiative also focused on a variety of other priorities, including engagement and education on the demographic issues facing the legal profession. Target groups included law students, lawyers, local and county Bar Associations and the public at large. These efforts have resulted in a meaningful increase in awareness of the issues at hand, as well as a significant shift in dialogue regarding the number and quality of opportunities that exist for lawyers outside of urban centres. As the REAL initiative celebrates the successful completion of the fifth year of the summer student program and looks back to evaluate its effectiveness, there is one fact that is abundantly clear: the successful delivery of the various programs would not have been possible without the generous support of its various funding partners and other countless volunteers and supporters who have contributed time and energy to this important endeavor.
Michael Litchfield is the CBABC Regional Legal Careers Officer. Email: realbc@cbabc.org.
The Canadian Bar Association BC Branch and the Law Society of BC warmly invite lawyers and judges to attend the 29th Annual Dinner for the Bench and Bar.
Bench & Bar Dinner Join the CBABC Executive and Law Society Benchers in paying homage to those who have made outstanding contributions to the cause of justice in BC. The Dinner will feature the presentation of the CBABC Georges A. Goyer, QC Memorial Award for Distinguished Service. Tickets are limited. Don’t be disappointed; order early. Name Date: November 7, 2013 Time:
5:45 PM Reception (cash bar) 6:30 PM Dinner
Place: Four Seasons Hotel Park Ballroom 791 West Georgia Street Vancouver
Firm Address City
Postal code
Telephone
Facsimile
Email Dietary restrictions
Dress: Business attire Tickets: $100 (individual) $760 (table of eight)
Ticket order details QTY
Method of payment Ticket @ $100 = Table @ $760 =
Mail, email or fax (fax orders require payment by credit card) your ticket order to: Canadian Bar Association, BC Branch - Attention: Events 10th Floor – 845 Cambie St. Vancouver, BC V6B 5T3 Email: events@cbabc.org Tel: 604.646.7855 Fax: 604.669.9601
(GST included) Amount due:
□ VISA □ MasterCard □ Cheque enclosed*
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Signature *please make cheque payable to Canadian Bar Association, BC Branch OCTOBER 2013 / BARTALK 17
news&events CBA NATIONAL NEWS
Equal Justice by 2030
Peter Mansbridge speaking at this year’s CBA Legal Conference. Photo credit: Darrell Noakes. CBA NATIONAL NEWS
2013 CLC – Learn, Connect, Experience Big Names This year’s CBA Legal Conference (CLC), which took place August 18-20, saw hundreds of legal professionals from across Canada gathering in Saskatoon to learn, connect and experience the latest in law, leadership and the future of the profession. Within the themes of leadership and change, big name keynotes and inspiring speakers discussed recognizing change and being more proactive in adjusting their ways to become successful in the future. Keynote speaker Peter Mansbridge spoke without a script as he inspired the crowd with his speech on leadership, change and what it means to be a Canadian. With just a month under his belt as the new Minister of Justice, the Hon. Peter MacKay took to the stage fielding questions on everything from judicial appointments to harm reduction policy. 18 BARTALK / OCTOBER 2013
Authors of The Big Shift, Darrell Bricker and John Ibbitson, discussed the changing political tide, immigration and the power shifts within Canada. Finally, Chair of the Access to Justice Committee, Dr. Melina Buckley, implored the legal profession to join the cause in bringing about change and becoming advocates of access to justice at the CLC closing lunch, quoting the well-known saying, “If not us, then who? And if not now, when?” She discussed the surmounting issues barring access to justice, what it will take to overcome these obstacles, and tangible actions legal professionals can take now to make a difference. To see more coverage on this \\
year’s CLC, or to view exclusive interviews with various speakers, visit National magazine online at:
nationalmagazine.ca
At this August’s CBA Legal Conference (CLC) in Saskatoon, the CBA’s Access to Justice Committee released its summary report, Reaching Equal Justice: An Invitation to Envision and Act. In advance of the full final report to be released later this fall, the summary report outlines 31 targets for achieving equal justice for all Canadians by 2030. The report provides three main strategies for change: enhancing “everyday” justice (e.g., to prevent legal problems in the first place), transforming the formal justice system to gear it to the needs of the public rather than the needs of legal professionals, and developing new approaches to delivering legal services. To create a solid foundation for these three strategies, the report calls for work on three fronts: building public engagement, building collaboration and effective leadership and building capacity for justice innovation. Access to Justice Committee Chair, Dr. Melina Buckley, echoed this in her CLC closing address expressing that beyond the report, actions must actually be taken by legal professional to bring about progress, saying, “Reports don’t make change, people make change.” Access the summary report \\ online now, hear Dr. Melina Buckley’s CLC address, or find out more about the CBA’s Envisioning Equal Justice Initiative online at: cba.org/CBA/
equaljustice/main.
CBA NATIONAL NEWS
Futures Feedback The CBA Legal Futures Initiative, a project created to support the legal profession through dynamic and transformative change, is mid-way through its consultation phase, and is receiving considerable feedback about the future of the profession. According to the online polls from the dedicated Futures website: Some 60 per cent of visitors firmly believe that articling is
CBA NATIONAL NEWS
Fred Headon Takes Over the CBA Helm Fred Headon took over the reigns as President of the Canadian Bar Association (CBA) on August 20 when the chain of office was officially transferred from outgoing President Robert Brun, QC at the closing luncheon of the 2013 CBA Legal Conference (CLC) in Saskatoon. The first in-house counsel to ever be elected President, Fred Headon has identified access to justice, increasing CBA membership, and helping lawyers meet the changes in the future of the profession as his key priorities for his year-long term. “Improving access to justice is at the core of our mandate at the CBA. We advocate for the rule of law and for equality. Those principles can only be brought to life
still the best vehicle for introducing students to the practice of law. But are clients still willing to subsidize students’ entry to the Bar? Almost 50 per cent of respondents indicate they are continuing to use the billable hour in pricing their services. If so, what are the attributes of the clients that are asking the other 50 per cent of lawyers for different pricing models? Only 20 per cent of those polled indicate that globalization has a meaningful effect on their practices. Does this mean we should ignore globalization as a factor that will change the profession?
Are you surprised by these results? Do you agree or disagree? Read what your colleagues are saying about these and a wide range of other issues related to the future of law – from increasing diversity within the profession, to whether law schools adequately train students for alternative legal careers, to whether non-lawyer ownership of law firms is a real prospect for our industry – on the Futures website cbafutures.org and on Twitter at #cbafutures. In addition to the online survey, your viewpoints can also be expressed via email at cbafutures@cba.org. Create the future of your profession by engaging with the Legal Futures Initiative!
if Canadians have access to a fair, predictable and good legal system,” said Fred Headon. “Our initiative on Envisioning Equal Justice will continue to bear fruit in the coming months and years. Our summary report with its 31 targets for providing Canadians with meaningful access exemplifies that commitment,” added Fred Headon. Fred Headon also has his sights set on increasing membership and improving the CBA member experience. “Ours is the only organization that represents the interests of all legal professionals in Canada and protects their core values. Our strength is in our numbers, and I invite non-members to become involved and find their place within the CBA.”
NEWS
To hear Fred Headon discuss \\ his future vision as CBA President, go online to see his interview with National magazine at: nationalmagazine.ca
Print: Paul Webster — Vancouver Magazine
CBA Awards Honour Outstanding Contributions The CBA’s annual award lunch celebrated the significant contributions made by individuals who go above and beyond to serve the association and the profession. The Stephen Hanson Awards celebrate outstanding journalism that fosters public awareness and understanding of the Canadian justice system and the roles played by institutions and participants in the legal system. The 2013 CBA Award winners from B.C. are:
CBA PRESIDENT’S AWARD Eric Rice (Vancouver)
STEPHEN HANSON AWARDS For details visit: cba.org/ \\ CBA/news/2013_releases/ award_winners.aspx
OCTOBER 2013 / BARTALK 19
news&events NEWS
Lunch & Learn for Law Students on Why Legal Aid Matters The CBABC hosted the annual Day for Legal Aid on Wednesday, October 2. Aimed at educating law students, the event was hosted at UBC Allard Hall and live streamed onto the UVic and TRU campuses. This year’s panel explained the importance of legal aid in B.C., focusing particularly on the economic and social effects of cuts to legal aid on those unable to obtain legal representation in family matters. CBABC president Dean Crawford moderated the four-person panel of a judge, family and criminal lawyers and a legal aid advocate. Students at all three laws schools learned about the various access to justice resources that are available and were encouraged to be part of the We Need Legal Aid conversation both on campus and online.
y weneedlegalaid.com y #whylegalaidmatters
NEWS
Dial-A-Law Celebrates 30 Years As we observe this milestone of 30 years in operation, we are humbly thankful for the lawyers who have provided their time and expertise in the areas of law required to maintain the information in the Dial-A-Law scripts. Dial-A-Law is a library of scripts prepared by the volunteer work of lawyers. It offers general information on a variety of topics of law in B.C., but not legal advice. The menu provides scripts in English, Chinese and Punjabi. More than a million visitors access these scripts each year and this is only made possible by your continued support. Hats off to you for making this possible!
The Lawyer Referral Service The Lawyer Referral Service is a public service program funded by the Law Foundation of B.C. and operated by the B.C. Branch of the Canadian Bar Association. This program provides lawyers with client referrals in their specific area of law and is free for all practising lawyers in the province to join. The CBABC promotes this popular public service year-round throughout B.C. There are more than 2,040 lawyers participating in the program resulting in more than 30,000 referrals a year. The top five areas in which lawyers received referrals: Family, Torts, Wills, Estates & Trusts, Employment, and ICBC. To learn more about, or join, the Lawyer Referral Service call 604-6873404 (within the Lower Mainland) or 1-800-663-1919 (outside the Lower Mainland) or email lawyerreferral@cbabc.org.
CBABC Eighth Annual Branch Conference San Diego, California November 15-17, 2013
Have you registered for our upcoming Branch Conference in San Diego? Don’t miss out on a great weekend where you can earn all your 12 hours of required CPD, learn from amazing speakers, and network!
SAN DIEGO
2013
Visit our website for registration, hotel and flight info: >>> cbabc-conference.org \\
20 BARTALK / OCTOBER 2013
B.C. COUNCIL OF ADMINISTRATIVE TRIBUNALS CONFERENCE on October 20 and 21, 2013
NEWS
Lawyer Wellness Task Force The CBABC Lawyer Wellness Task Force was set up in October 2012 to examine how wellness principles, education and resources could be integrated into existing CBABC programs. The final report was submitted to the CBABC Executive Committee in June 2013. The Task Force members conducted an online survey of members about wellness, reviewed the results of a national CBA Legal Profession Assistance Conference survey and met with both the Lawyers Assistance Program and PPC Canada Employee and Family Assistance Program to gather data and ideas around lawyer wellness. The report made four recommendations, including securing member discounts for wellness-related services, raising awareness of and accessibility to existing wellness resources available through the CBA and the Law Society websites, shifting the perception regarding wellness through an annual wellness audit by revamping and promoting the Work Life Balance Award and conducting a “Wellness Matters” campaign, and building greater collegiality among CBABC members. The Task Force’s recommendations will be implemented over the next two years by CBABC staff, with oversight by the Executive Committee.
Richmond will host a diverse group of speakers on wide-ranging topics in the field of administrative justice. Anyone interested in administrative tribunals and their role in ensuring access to justice is welcome. Of special note is the Sunday night banquet featuring a rare opportunity to hear Supreme Court of Canada Justice Andromache Karakatsanis. Banquet-only tickets are available at $89 each or $675 for a table of eight. Go to BCCAT.net/conferences/2013banquet-registration/ for tickets and program information.
LEGAL RESEARCH HACK: GOOGLE SCHOLAR SHORTCUTS We know – you Google things all day long. But have you checked Google Scholar? With extensive US case law from 1950 onward and both US and Canadian journals, scholar.google.ca has some promising potential. Here are a handful of cool things lawyers can do to maximize Google’s more studious cousin. HOW CITED Use Google Scholar to see how your leading case has been treated and where it appears in journals. It is so simple – search your case by name and below your case name you will see a list of options. “Cited by” will get you a list of places your case has appeared. “How Cited” will get you the reference in context for efficient reviewing. As a bonus, that little “Cite” button will get you a really nice citation to copy and paste into whatever you’re working on. FULL ARTICLES FOR FREE This is a great way to find consideration of a legal concept. You can search your terms using the same basic searches you would use with Google. If Google has a copy of the article for free, it will usually appear on the right side. If not, there is often finding information for Hein Online. The good news? All Law Society of B.C. members get access through the Lawyers’ Reading Room to these for free just by logging in at courthouselibrary.ca/readingroom. GET NOTIFIED IF A PAPER OR CASE IS CITED Search for the title of your case, click on the “Cited by” link and then click on the envelope image at the bottom. You can sign up here to be automatically emailed if any new articles or cases appear. Did we mention this was all free? For \\
more detailed instructions (with images) see the Courthouse Libraries BC Stream post at: courthouselibrary.ca
TIPS FROM
OCTOBER 2013 / BARTALK 21
news&events Lawyers with Pride The “Lawyers with Pride” were back for another day of colour, dancing, and celebration at this year’s annual Vancouver Pride Parade in Vancouver.
CBABC WLF NEWS
CBABC Women Lawyers Forum (WLF) Raised the Bar on September 8 Walking in Vancouver and Victoria, the WLF Ovarian Cancer Canada Walk of Hope teams walked in support of other women lawyers touched by this disease and to help raise awareness. We are proud of how high we raised the bar – the WLF teams raised more than $37,000, the most of any team in B.C. and in Canada.
CBABC WLF Mentorship Program The WLF mentorship program is having another successful year, with dozens of mentor and mentee pairs participating in organized events and informal meetings. If you are interested in being part of the program for 2014, watch for the call for mentors and mentees soon. For more information, contact WLFMentorship@cbabc.org.
NEWS
CLEBC Update INTRODUCING CLEBC’S PAPERLESS COURSE MATERIALS INITIATIVE Here at CLEBC, we’re committed to embracing a greener approach. Last year, CLEBC switched to printing on post-consumer recycled paper and produced more than one million fewer brochures than in previous years. This year, CLEBC takes further steps to contribute to the wellbeing of our environment. As of January 1, 2014,
22 BARTALK / OCTOBER 2013
registrants of CLEBC programs will receive course materials in electronic form only. For a short time, CLEBC will continue to make available printed course materials for registrants wishing to purchase them in hard copy format for a small fee. This change will offer significant advantages: the electronic version of course materials provides more flexibility for storing and access (before, during, and after the course) convenient access on your tablet or laptop; we provide complimentary Wi-Fi access at CLEBC live courses
materials are downloadable in
PDF, fully searchable, and updated to incorporate additional papers even after the course. CLEBC hopes that you will opt to receive access to the electronic version of course materials only, and together, CLEBC can reduce its carbon footprint and reduce paper waste. CLEBC has already received a great deal of encouragement and support for these changes. If you have any questions, please contact CLEBC at programs@cle.bc.ca.
B.C. LEGISLATIVE UPDATE
ACTS IN FORCE Current from June 12, 2013 to September 3, 2013 Legislative Update is provided as part of the CBABC legislative and law reform program. It is a service funded by CBA membership fees, and is, therefore, provided as a benefit of CBA membership. The full version of Legislative Update is now only published online and available to CBA members exclusively at cbabc.org. FINANCE STATUTES AMENDMENT ACT, 2010, S.B.C. 2010, C. 4 (BILL 6) Sections 55 and 57 are in force September 1, 2013
BRANCH & BAR
Calendar
OCTOBER
4 Pacific Legal Technology Conference — Vancouver 8 CBABC PD: Full Day Professional Development — Abbotsford 9 CBABC PD: The Extradition Act (Canada) and your Client: Letting Bygones Be “Be-Gones”? — Online 16 CBABC PD: New Developments in Cross-Border Tax: US Citizens Resident in Canada — Online 20 Dinner With Supreme Court of Canada Justice Karakatsanis – at the B.C. Council of Administrative Tribunals 2013 Conference — Richmond 20-21 B.C. Council of Administrative Tribunals Conference — Vancouver
NOVEMBER Did You Know?
Did You Know? We offer part-time and non-practicing lawyers up to 50%We off membership offer rates!
part-time1.888.687.3404 and non-practising lawyers up to 50 per cent off membership rates! 1-888-687-3404
2-3 Third Annual Justice Education Society of B.C. (Victoria Region) Dinner and Dance — Victoria 7 Bench & Bar Dinner — Vancouver 15-17 CBABC Eighth Annual Branch Conference — San Diego, California
DECEMBER
5 Yale County Bench and Bar Dinner — Kelowna
CBABC would like to thank The Lawyer Show for donating to the CBA (BC) Benevolent Society.
The Lawyer Show 2013’s production of Monty Python’s SPAMALOT was a HUGE success, selling out the entire run for the 1ST time in Lawyer Show history. We are excited to build on that success with this year’s Lawyer Show and we invite you to be a part of it.
is...
Have you always wanted to act and sing? How about sharing your legal prowess in song form? Then this is your year! Come and audition for the Lawyer Show: Oct. 17th, 2013 from 7PM to 10PM OR Oct. 21st, 2013 from 7PM to 10PM Find all the information you’ll need to get ready at touchstonetheatre.com/the-lawyer-show
The Lawyer Show is a fundraiser for Carousel Theatre for Young People and Touchstone Theatre, both registered charities. PHOTO: Cast of The Lawyer Show 2013 Monty Python’s SPAMALOT pose with the Holy Grail. By Gaelan Beatty
OCTOBER 2013 / BARTALK 23
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CBABC.ORG/membership 24 BARTALK / OCTOBER 2013
4 PRINT + DIGITAL & 2 DIGITAL Only = 6 Issues The web is part of our lives and BarTalk is there. We have had a digital version for some time, but want to tell you about some exciting changes. As part of the overall CBABC communications strategy, which includes a significant investment in web-based interaction with members, the Branch Executive Committee and Provincial Council approved a budget that includes four combined print and digital editions, and two solely digital editions of BarTalk this coming year. This initiative allows cost savings in print production and increases in web-based advertising revenue to help reduce the cost of the four print editions. The introduction of digital editions of BarTalk also supports our efforts to increase the value of our website and to encourage member engagement in the work and online resources of the Branch. In order to improve your reading experience we are using the ISSUU platform about which you can read below. You will be receiving your first digital edition later this year and we look forward to hearing from you about this mix of ways we deliver BarTalk to you. In our next issue, we will be reviewing the results of our latest reader survey that asked about your thoughts on our online and print versions of BarTalk, but recognize that delivering some issues in digital version only is a large change. We will do our best to ensure all our readers are satisfied.
A Look at the ISSUU Platform
Search Single or DoublePage View
How To Copy/Paste a Link to a Specific Page/Spread 1. Go to the page you want to link to 2. Click on icon 3. Click on Get link (link will copy to your clipboard) 4. Press Ctrl (Cmd) + V (to paste link)
OCTOBER 2013 / BARTALK 25
news&events ANNUAL EVENT RECAP
2013 Golf Tournament The 17th Annual Canadian Bar Association/Vancouver Bar Association Golf Tournament held on August 15, 2013 at the University Golf Club raised more than $8,500 in support of the Law Students Awards funds.
Thank you to our supporters who added to the fun for the golfers as they made their way around the course: Sparkling Hill Resort & Spa Auchentoshan Single Malt Scotch
Whiskey
WINNING TEAM WITH A SCORE OF 56: (See photo to the right)
Bowmore Single Malt Hardbite Chips Taste of Nature Bars Vitamin Water
Scott
Thank you to those who donated the spectacular prizes for the Silent Auction:
Arif Nuraney Faizel Nuraney Matt Somers
Somers
MOST HONEST GOLFERS: OYEN WIGGS GREEN & MUTALA LLP (See photo to the right) George Kondor Bruce Green Stephanie Melnychuk Cameron Funnell
MEN’S CLOSEST TO THE PIN WINNER: Alex
Shorten, CBABC
LADIES’ CLOSEST TO THE PIN WINNER: Ashley
Mitchell, Miller Thomson LLP
STRAIGHTEST DRIVE WINNER: Barry
Hickman
MEN’S LONGEST DRIVE WITH A MARSHMALLOW WINNER: Brigham
Jagger, Rowland & Company
LADIES’ LONGEST DRIVE WITH A MARSHMALLOW WINNER: Stacey
Briggs, Marquardt & Company
MEN’S LONGEST DRIVE WINNER: Andrew
Lee, Webster Hudson & Coombe LLP
LADIES’ LONGEST DRIVE WINNER: Melanie
Vipond, Heenan Blaikie LLP
The CBABC and the VBA thank our Hole Sponsors: Continuing Legal Education
Society of B.C. Dorsey & Whitney LLP The Counsel Network ProGroup Sales and Leasing Park’N Fly Still Creek Press Kalev Fitness Solution
26 BARTALK / OCTOBER 2013
Canadian Bar Association Insurance CBABC Delta Vancouver Airport Divine Vines Dye & Durham Earls Kitchen + Bar eForensic Services Inc. Fairmont Hotel Vancouver Fairmont Pacific Rim Fairmont Waterfront Fairwinds Golf Course Community
& Resort
Flash Courier Services Inc. Forbidden Vancouver Harbour Air Seaplanes Harbour Towers Hotel & Suites Helijet Hotel Grand Pacific La Terrazza Lavender & Lilacs Manning Elliott, Chartered Accountants Marriott Pinnacle /Renaissance Metropolitan Hotel Painted Rock Estate Winery Pan Pacific Vancouver Savoury City Southwest International Stargate Connections Stella and Dot Summit Fine Wines The Comedy Mix The Printing House The Sutton Place Hotel The Westin Hotels & Resorts TRG Group Benefits and Pensions Inc. University Golf Club Van Houtte Vancouver Aquarium Vancouver Art Gallery Vancouver Canadians Vancouver Opera Vancouver Symphony Orchestra Wedgewood Hotel and Spa Yuk Yuks Comedy Club ZSA Legal Recruitment
WINNING TEAM WITH A SCORE OF 56
MOST HONEST GOLFERS
CHECK OUT THOSE SHADES
announcements LAW FOUNDATION OF BRITISH COLUMBIA
Law Foundation Faces Difficult Funding Decisions at its November Board Meeting Small Projects The 2014 Small Project Fund budget will be determined by the Law Foundation Board at its meeting in November 2013. To be eligible for funding, a project must fall within one or more of the five program objectives of the Law Foundation: legal aid, legal education, legal research, law reform and law libraries. The maximum amount available for each timelimited project is $15,000. The deadline for applications is 12:00 noon, December 13, 2013. The Small Projects application guidelines and form are available at info@lawfoundationbc.org or by calling the Law Foundation at 604-688-2337.
Graduate Fellowships The Law Foundation Graduate Fellowships will be on a slightly different schedule this year. Those interested in the Fellowships should consult the Law Foundation website for more information in early December.
Ongoing low interest rates mean that the Law Foundation Board of Governors will be facing difficult funding decisions at its November board meeting. After several years of drawing down the Law Foundation’s Grant Stabilization Fund in order to maintain stable funding of the important work done by its grantees, the Law Foundation finds itself in the position of no longer being able to continue funding at the same level. Accordingly, a significant cut to the grants budget is likely in November. The Law Foundation has advised grantees of this situation, and has developed a number of principles to help guide its decision-making, including: fulfilling its statutory mandate, remaining a stable and effective organization, producing the greatest value to the poor, giving a direct benefit to the public, and taking into account alternate funding that may be available to grantees. The Law Foundation will also be considering how to minimize, as much as possible, any lasting harm to grantees. Over the course of this year, intensive Funding Strategies Reviews have been undertaken of several of the Law Foundation’s mandate areas, including Public Legal Education, Professional Legal Education, Public Interest Law and Legal Research to see “if the Law Foundation is funding the right groups to do the right work with the right amount of money.” In the meantime, the Law Foundation administration budget and staff complement have been reduced to reflect fiscal reality and to respect the Law Foundation’s commitment to using no more than 10 per cent of its funds for administrative purposes.
Thompson Rivers University Faculty of Law Clinical Legal Education In June 2013, Thompson Rivers University (TRU) Faculty of Law was awarded a $60,000 Large Project grant from the Law Foundation of B.C. These grants are awarded to non-profits undertaking a one-time project that falls into one of the Law Foundation’s five statutory mandate areas: legal aid, legal research, legal education, law reform and law libraries. TRU Faculty of Law will use the grant to examine clinical legal education models that could be implemented within the law school. Opened in 2011, TRU Faculty of Law is one of Canada’s newest law schools. The school aims to equip students with the legal knowledge, skills and abilities that are invaluable for a wide variety of careers, and to help students develop the critical self-awareness that underlies a humane and responsible professionalism. As a component of that education, TRU Faculty of Law will be assessing the feasibility of creating a clinical legal education program for the law school. Clinical legal education offered in Canadian law schools provides the opportunity for students to develop and apply practical legal skills while serving clients who are often experiencing barriers to accessing justice. The project will make recommendations on models of clinical legal education and experiential learning that will best meet the needs of TRU Faculty of Law and the community being proposed to serve. Improving the delivery of legal services and access to justice, and enabling students to obtain practical experience in relevant areas of legal practice are essential factors that will be considered in this project. The project’s final report is expected to be completed by the end of December 2013.
lawfoundationbc.org/ \\ project-funding
OCTOBER 2013 / BARTALK 27
professionaldevelopment EMAIL: PD@CBABC.ORG
WEBSITE: CBAPD.ORG \\
CBABC Professional Development courses are designed to meet the needs of lawyers while still maintaining the opportunity to network and advance one’s career, practice and business. We pride ourselves in bringing courses to lawyers that will provide the required professional responsibility and ethics, client care and relations, and practice management component for 2013 Law Society of British Columbia reporting.
Upcoming In-person Seminars IN PARTNERSHIP WITH THE NORTH SHORE BAR ASSOCIATION
Practice Tips for the Upcoming Changes in WESA Date: October 15, 2013 Speakers: Deidre J. Herbert, McLellan Herbert, Hugh S. McLellan, McLellan Herbert and Gary J. Wilson, Borden Ladner Gervais LLP Location: Harbourview Room, John Braithwaite Community Centre, 145 W. 1st St., North Vancouver
IN PARTNERSHIP WITH THE KELOWNA BAR ASSOCIATION
Practice Tips for the Upcoming Changes in WESA Date: November 7, 2013 Speakers: Stanley Thomas Rule, Sabey Rule LLP and Kimberly D. Wallis, Sabey Rule LLP Location: Royal Anne Hotel, 348 Bernard Avenue, Kelowna
Date: October 29, 2013 Speakers: Chilwin C. Cheng, Bull Housser and Euan Sinclair, Lawson Lundell LLP
New Vistas in Law Practice Management: Managing Your Lawyers in a New Way Date: November 14, 2013 Speakers: Ward K. Branch, Branch MacMaster LLP and Linda K. Robertson, Advocacy Legal Consultants & Women’s Strategies Group
IP Law for Non-IP Lawyers Date: November 20, 2013 Speakers: Jennifer A. Marles, Oyen Wiggs Green & Mutala LLP and Vincent Kam Sun Yip, Oyen Wiggs Green & Mutala LLP
IN PARTNERSHIP WITH THE DEPARTMENT OF JUSTICE
Demystifying Class Actions Date: October 30, 2013 Speakers: Ward Branch, Branch MacMaster LLP, author of “Class Actions in Canada;” Art Grant, Grant Kovacs Norell; Lorne Lachance, Department of Justice (moderator); Catherine Moore, Department of Justice National Class Actions Coordinator; Paul Partridge, Department of Justice; Steve Postman, Department of Justice; Harry Wruck, Department of Justice Location: The Law Courts Inn, 4th Floor, 800 Smithe Street, Vancouver
Applying Knowledge Management for Lawyers: Precedents
Save the Date Upcoming Webinars All webinars are moderated by Stuart Rennie, Legislation and Law Reform Officer, CBABC
New Developments in Cross-Border Tax: US Citizens Resident in Canada Date: October 16, 2013 Speakers: Warren Dueck, FCA, CPA, Partner, W. L. Dueck & Co. LLP and Sidhartha Rao, JD, LLM, Senior Manager, W. L. Dueck & Co. LLP
IN PARTNERSHIP WITH THE NEW WESTMINSTER BAR ASSOCIATION Date: November 12, 2013 Location: Inn At The Quay, 900 Quayside Drive, New Westminster IN PARTNERSHIP WITH THE PRINCE GEORGE BAR ASSOCIATION
CBABC Full Day Professional Development in Prince George Earn 6 hours of CPD credits (including ethics) at one event! Date: November 23, 2013
\\ For a complete list of registration details and requirements, please contact the Professional Development Department 604-646-7866 or 1-888-687-3404 ext. 329 or email pd@cbabc.org.
28 BARTALK / OCTOBER 2013
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barmoves Who’s Moving Where and When Emily Unrau
Adam Kaukas
has joined Branch MacMaster LLP as an associate after having completed her articles with the firm. Emily’s practice will focus on the areas of class actions and insurance litigation.
joined McMillan LLP’s Advocacy and Litigation group where he is an associate in the firm’s Vancouver office. He practises in a broad range of litigation areas and is active in the Employment and Labour Relations group.
Angeline De Vera
Yanwen Le
formerly of Lawson Lundell has joined Legacy Tax + Trust Lawyers April 22, 2013 as an associate.
joined McMillan LLP’s Capital Markets Group after practising with prominent international law firms in Montreal, Hong Kong and China. He has 18 years of active practice experience in crossborder investment and business law.
Anu Klar
Kaitlyn Meyer
has joined Kahn Zack Ehrlich Lithwick LLP in Richmond, B.C. Anu continues to practise exclusively in the area of family law.
Kaitlyn joined McMillan LLP’s Advocacy and Litigation group as an associate after completing her articles with the firm. She practises in a broad range of litigation areas.
Morgan Camley
Pamela Lindsay
has joined Miller Thomson LLP’s Vancouver Office. Morgan is an associate in the firm’s Litigation Group. Her varied practice includes commercial litigation and Aboriginal law as well criminal and municipal law.
Pamela is an associate in McMillan LLP’s Capital Markets and M&A group. Her practice focuses primarily on corporate finance.
Anna K. Fung, QC
Maia Tsurumi
Vice President, Legal & General Counsel at TimberWest Forest Corp., is the Law Society of B.C.’s nominee to the Board of Vancouver Airport Authority for three years effective June 30, 2013.
has rejoined Fasken Martineau DuMoulin LLP’s Commercial Litigation group as a consultant. She advises clients on a variety of commercial disputes and has an interest in appellate work, criminal law and administrative law.
30 BARTALK / OCTOBER 2013
newmembers SPACE IS AT A PREMIUM AND AVAILABLE ON A FIRST-COME FIRST-SERVED BASIS SO SEND YOUR BAR MOVE (MAX. 30 WORDS) AND A HIGH-RESOLUTION PHOTO TO CBA@CBABC.ORG NOW. TO VIEW ALL BAR MOVES GO TO CBABC.ORG/BT/BM_1310
Amanda Wheat joined Richards Buell Sutton. Amanda is a business and intellectual property lawyer and registered trademark agent. She assists clients with corporate commercial matters.
July & August 2013 Regular Member
Jing Jean Feng
Catrina M. Chisholm
Sean T. Foote
Kahn Zack Ehrlich Lithwick Richmond Brad N. Cocke
Harris & Company LLP Vancouver Ryan Greer
Salmon Arm
Nick Safarik joined Richards Buell Sutton. He focuses on insurance defence and a variety of civil litigation matters, including wills and estate matters, as well as third party property and personal injury claims.
Rutsu Shikano first joined Richards Buell Sutton as a summer student in 2011 and is now an associate with the Wealth Preservation group.
Vincent Y. Guo
Vincent Guo Law Office Richmond Ronald R. Kumar
Dosanjh Law Group Vancouver Jasdeep S. Mattoo
Ajeet Kaur Kang Law Corporation Surrey Nassim Nasser
MacLean Family Law Group Vancouver Talya Nemetz - Sinchein
Singleton Urquhart LLP Vancouver Joseph O’Kurley
Allen & Associates Dawson Creek Sandra Raath
Rose Shawlee is part of Richards Buell Sutton’s robust Wealth Preservation group where her practice is primarily focused on assisting families and businesses with their estate planning and business needs.
Greta Reiten recently joined Richards Buell Sutton. She has 15 years of family law and litigation experience and works effectively on complex and contentious issues.
Blake, Cassels & Graydon LLP Vancouver Jessica C. Spelliscy
Rush Ihas Hardwick LLP Kelowna Jeremy Webber
University of Victoria – Faculty of Law Victoria
Articling Students JoAnne G. Barnum
Harper Grey LLP Vancouver Rosalie A. Clark
Borden Ladner Gervais LLP Vancouver Christopher J. Evans
Janes Freedman Kyle Law Corporation Vancouver
Davis LLP Vancouver
Harper Grey LLP Vancouver Nicole M. Hildebrand
Bull Housser Vancouver
Roni M. Jones
Oyen Wiggs Green & Mutala LLP Vancouver Dan Manchee
Dentons Canada LLP Vancouver Geoff Pedlow
Dentons Canada LLP Vancouver Samantha Prest
Cassels Brock & Blackwell LLP Vancouver Meghan L. Smith
Bull Housser Vancouver
Amalia Szilagyi
McQuarrie Hunter LLP Surrey Melissa Tang
Cassels Brock & Blackwell LLP Vancouver
Law Students Harjot Dhaliwal Navratan S. Fateh Helen Fernandes Jaspinder Gill Suzanne Goldman Jotinder K. Grewal Naomi J. Krueger Nicole Langrana Mona MukerGill Elaine Ng Prabhjot Pandher Minji Park David J H Roberts Sophie Stankiewicz Elizabeth Wong OCTOBER 2013 / BARTALK 31
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